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Terms and Conditions

Terms of Service


1. Scope

For all orders via our online shop by consumers and entrepreneurs, the following terms and conditions apply.

A consumer is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed. Entrepreneur is a natural or legal person or a legal partnership that, in the course of entering into a legal transaction, acts in the exercise of its commercial or independent professional activity.

For entrepreneurs applies: If the entrepreneur uses conflicting or supplementary terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly consented to this.

2. Contracting party, conclusion of contract

The purchase contract is concluded with Filucry.

By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially put our products into the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the corrective aids provided and explained in the ordering process. The contract is concluded by accepting the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order, you will receive a confirmation by e-mail.

3. Contract language, contract text storage

The languages ​​available for the contract are German and English.

We save the contract text and send you the order data and our terms and conditions by e-mail. The contract text can be viewed in our customer login.

4. Terms of delivery

In addition to the stated product prices shipping costs are added. You can find out more about the amount of shipping costs in the offers.

We only deliver in transit. Unfortunately, a self collection of the product is not possible.


5. Right of withdrawal

You are entitled to the statutory right of revocation, as described in the revocation instruction.

6. Retention of title

The goods remain our property until full payment.
For entrepreneurs applies in addition: We reserve the ownership of the goods until the complete settlement of all claims from an ongoing business relationship. You may resell the reserved goods in ordinary business; All claims arising from this resale shall be assigned to us in advance - irrespective of any combination or mixing of the goods subject to retention of title with a new item - and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims yourself, as long as you do not meet your payment obligations.

7. Transport damage

For consumers applies: If goods are delivered with obvious transport damage, so please complain such errors, if possible immediately to the deliverer and please contact us immediately. The failure to file a complaint or contact has no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, they help us claim our own claims against the carrier or the transport insurance.

For entrepreneurs: The risk of accidental loss and accidental deterioration is transferred to you as soon as we have delivered the matter to the carrier, the carrier or the person or institution otherwise intended to carry out the shipment. For merchants, the duty to inspect and to reprimand, which is regulated in § 377 HGB, applies. If you refrain from doing so, the goods are deemed to have been approved unless they are defects that were not identifiable during the inspection. This does not apply if we have fraudulently concealed a defect.

8. Warranty and Guarantees

Unless explicitly agreed otherwise below, the statutory warranty rights apply.
When buying
used goods by consumers: if the defect occurs after one year from delivery of the goods, the claims for defects are excluded. Defects that occur within one year from delivery of the goods can be asserted within the statutory limitation period of two years from the delivery of the goods.
For entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from the passing of risk. The sale of used goods is under exclusion of any warranty. The statutory limitation periods for the recourse claim under § 445a BGB remain unaffected.
With regard to entrepreneurs, the only agreement that applies to the condition of the goods is our own details and the manufacturer's product descriptions which were included in the contract; We accept no liability for public statements made by the manufacturer or other advertising statements.
If the delivered goods are defective, we initially provide to entrepreneurs at our discretion warranty by rectification of the defect (rectification) or by delivery of a defect-free item (replacement).
The above limitations and shortened terms do not apply to claims for damages caused by us, our legal representatives or vicarious agents
• In case of injury to life, body or health
• in case of intentional or grossly negligent breach of duty as well as malice
• in the case of breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner can regularly rely (cardinal obligations)
• as part of a guarantee promise, if agreed
• as far as the scope of application of the Product Liability Act is opened.
Information on any applicable additional guarantees and their exact conditions can be found in the product and on special information pages in the online shop.

9. Liability

We are always liable without limitation for claims due to damage caused by us, our legal representatives or vicarious agents
• In case of injury to life, body or health
• in case of intentional or grossly negligent breach of duty
• with guarantee promise, as far as agreed, or
• as far as the scope of application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract and (contractual) obligations by ordinary negligence of us, our legal representatives or vicarious agents, the liability shall be limited to the amount foreseeable at the time the contract was concluded Damage limited, which typically has to be expected.
Incidentally, claims for damages are excluded.

10. Dispute resolution

The European Commission provides an online dispute resolution (OS) platform that you can find here. We are not obligated and unwilling to participate in a dispute settlement procedure before a consumer arbitration board.

11. Final provisions

If you are an entrepreneur, then German law applies excluding the UN sales law.

AGB created with the Trusted Shops legal copywriter in cooperation with Wilde Beuger Solmecke Rechtsanwälte.

June 2019





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Cancellation

Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.

To exercise your right of withdrawal, you must (Filucry, Hagstr. 39, 71735 Eberdingen, Germany, info@filucry.de, phone: +497042/1793536) by means of a clear statement (eg, a letter sent by mail, fax or e-mail) about your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required.

In order to maintain the cancellation period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the cancellation

If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from your choosing a different delivery method than the most favorable standard delivery we offer have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees. We may refuse to repay you until we have the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You bear the immediate costs of returning the goods. You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functionality of the goods.

Model withdrawal form

(If you want to cancel the contract, please fill out this form and send it back.)

- To Filucry, Hagstr. 39, 71735 Eberdingen, Germany, info@filucry.de

- I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following
Goods (*) / Provision of the following service (*)

- Ordered on (*) / received on (*)

- name of the consumer (s)

- address of the consumer (s)

- Signature of the consumer (s) (only when notified on paper)

- date

(*) Delete as appropriate.


Cancellation policy created with the Trusted Shops legal copywriter in cooperation with Wilde Beuger Solmecke Rechtsanwälte.



June 2019